When creating your will, you do not want to leave any doubts about your testamentary capacity, which is your mental ability to create a legally binding and enforceable document. Otherwise, you risk a will or trust contest that could derail your estate plan.
Here are some ways to demonstrate that you know what you are doing and are in the right state of mind when creating your will or trust if you believe there may be any question. This can help ensure that it stands up to legal scrutiny.
Obtain a medical evaluation
A medical professional’s assessment of your mental state when drafting the will or trust can provide strong evidence of testamentary capacity. It can show that you understand the purpose of the documents, the extent of your estate, and the implications of the distribution.
Record a video
Recording a video explaining your intentions and reasoning can provide insights into your mental state. By documenting your understanding and reasoning on video, you can counter claims of incapacity or inability to make informed decisions. You can also explain why you are making the decisions reflected in your estate planning documents.
Choose reliable witnesses
Witnesses serve as neutral parties who can attest to your mental state. As such, it’s prudent to choose credible individuals with a reputation for honesty and reliability to witness your documents. Their testimony can provide firsthand accounts of your testamentary capacity if disputes arise.
Communicate with loved ones
Discussing your estate plan with loved ones in advance can show you are aware of the nature and consequences of your decisions. When family members understand your intentions and the reasoning behind them, they can feel assured that you understood your decisions and made them yourself.
If you are worried about potential challenges to your final wishes, seeking personalized legal guidance can help address your concerns and explore alternative options to secure your legacy while protecting your loved ones’ interests.